others which concerned every class of the population form the substance of the Great Charter, which has ever since been regarded by Englishmen as the foundation of their liberties. In later times it took the position in popular esteem which had hitherto been held by the "laws of Henry I.," or the "laws of King Edward," and has been confirmed over and over again.

CYRIL RANSOME, Advanced History of England. 176–177.

CHAPTER III

THE SUMMONS TO PARLIAMENT (1295)

SUGGESTIONS

THE importance of the "Summons" is chiefly prospective. It takes a place among documents more famous because it is typical of a large class of constitutional services.

This summons, together with similar writs, was issued by order of the Crown. The king had found himself early in 1295 in very difficult circumstances. In June he issued writs of summons to the members of Parliament to meet at Westminster in August; this meeting lasted but two days, and as no representative of the Commons was summoned to this assembly, it is more properly styled a session of a Great Council. No attempt was made in it to raise money, but it was probably arranged that a grant should be asked for in the next session. With this in view, writs were issued on the 30th of September to the Ecclesiastical representatives. On the 1st of October, the writs were issued to the baronage. On the 3rd of October the writs to the sheriffs are dated; and by these each sheriff is directed to return two knights elected by the counties, and two citizens or burghers for each city or borough within his shire.

By such writs of summons a perfect representation of the three estates was secured, and a parliament constituted, on the model of which every succeeding assembly bearing that name was formed.

One may well pause at this point to look back upon the Witenagemot of the Teutonic system of government and look forward to the assembly body of the Congress of the United States. For Outlines and Material, see Appendix A.

Report on the Dignity

DOCUMENT

Summons to Parliament (Oct. 3rd, 1295)

The King to the Sheriff of Northamptonshire: Whereas, in order to make provision of remedies App. i., p. 66, against the dangers which at this time menace the realm, we desire to take counsel with the earls,

of a Peer,

translated

barons, and other noblemen of our kingdom, and by Henry A. for that reason have commanded them to meet us Clapp (1900). Note the dif

on the Sunday next after the feast of Saint Martin ference bein the winter next ensuing, at Westminster, for the tween this discussing, ordaining and doing of whatsoever may and the charbe best for the obviating of such dangers, ter of Henry

summons

I. Art. i.

xiv.

We do hereby firmly command and enjoin you that there be chosen without delay from the afore- Note Magna said county two knights, and from every city of Charta, Art. that county two citizens, from every borough two burgesses, all men of superior discretion and ability in affairs, and that you have them come to us at the day and place aforesaid;

In order that said knights shall have, in behalf of themselves and the body of the county aforesaid, full and sufficient power, and that said citizens and burgesses shall have, in behalf of themselves and the body of the cities and boroughs aforesaid both Note the inseparately and collectively, full and sufficient power, for doing what shall then be ordained by the com- House of mon counsel in the premises; so, that the business Commons. aforesaid shall in no wise remain unaccomplished

for want of such power.

And have you there the names of the knights, citizens, and burgesses, and this writ.

Witness the King at Canterbury the third day of October.

crease of power in

CONTEMPORARY EXPOSITION

THOMAS CROMWELL (1523)

Maister Creke, as hertelye as I can I commende me and in the same wise thanke you (for your) gentill and louyng letteres to me at sundrye tymys sent, and when as I accordinglye haue not in lykewise remembrid and rescribid it hath been For that I haue not hade anything to wryt of to your aduauncement. Whom I assure you yf it were in my lyttyl power I coulde be well contentyd to preferre as ferre as any one man lyuyng. But at this present I being at sum layser entending to re

membre and also remanerate the olde acquayntaunces and to renew our not forgoten sundrye communycacions supposing ye desyre to know the newes curraunt in thes partyes for it is said that newes refresshith the spy(rit) of lyfe, wherfor ye shall onderstonde that bw long tyme I amongst other haue Indured a parlyament which contenwid by the space of xvij hole wekks wher we communyd of warre pease stryffe contencyon debatte murmure grudge Riches pouerte penwrre trowth falshode Justyce equyte discayte opprescyon Magnanymte act yuyte force. attem praunce Treason murder Felonye consyli. . . and also how a commune welth myght be edifyed and a(lso) contenwid within our Realme. Howbeyt, in conclusyon, we haue d(one) as our predecessors haue been wont to doo, that ys to say, as well as we myght and lefte wher we begann. Ye shall also onderstond the Duke of Suthfolke Furnysshyd with a gret armye goyth ouer in all goodbye haste (whit)her I know not, when I know I shall aduertyse yow. Whe haue in our parlyament grantyd onto the Kinges highness a ryght large subsyde, the lyke wherof was neur grantyd in this realme. All your frendes to my knowlage be in good helth and specially they that ye wott of: ye know what I meaoe. I thinke it best to wryt in parables becaus(e) I am in doubt. Maister Vawhan Fareth well and so doth Maister Munkeaste(r). Maister Woodall is merye without a wyffe and commendyth hym to you: and so ys also Nycholas Longmede which hath payd William Wilfforde. And thus as well f(are) ye as I woolde myself at London the xvij daye of August by your Frende to all his possible power.

THOMAS CRUMWELL.

Add: To his (esp)ecial and entyrelye belouyd frende John Creke be this youyn Bylbowe in Biscaye.

RALPH C. MERRILL, Life of Thomas Cromwell (MS.), in the College Office of Harvard University.

the coppy of the Kynges letter

In my herty wyse I recomendeme unto you these shalbe forasmoche as the Kynges plesur and comandement ys that Robert Derknall and John Bryges schulbe electe and chosyn Citezin or burgesses for that cite by reson wherof my lorde chaun

celer and I by owyr letteres written onto you aduertysed you therof and ye the same little or nothynge regardynge but ratther contemny haue closen othyr at your owne wylles and comandement in that behalfe wherat the kynges highnes dothe not a lytell marvell wherefore in advoydyng of ferther dysplesur, that mygte therby ensue I require you on the kynges behalfe that notwythstondynge seyd eleccion ye procede to a new and electe thosse other, accordynge to the tenure of the former letteres to you dyrectyd for that purpose without faylyng so to do as the kynges truste and expecion is in you and as ye entende to avoide hys highness displesur at your parell and yf any persone wyll obstynately gaynsay the same I require you to aduertise me therof that I maye ordre hym as the kynges plesur shalbe in that case to commande thus fare ye well at the rolles the viii† day of May.

Your louynge frende,
THOMAS CRUMWELL.

Add: To my ryzth louynge frendes the mayr sheeyffe and cominaltie of the Cite of Cannterbury and to euery of them.

[This official letter was written by Thomas Cromwell to the "Magistrates" (i. e., Town Council) of Canterbury, May 18, 1536. It is in the MS. Life of Cromwell, cited above.]

CRITICAL COMMENT

HALLAM (1818)

To grant money was therefore the main object of their meeting; and if the exigencies of the administration could have been relieved without subsidies, the citizens and burgesses might still have sat at home, and obeyed the laws which a council of prelates and barons enacted for their government. But it is a difficult question, whether the king and the peers designed to make room for them, as it were, in legislation; and whether the power of the purse drew after it immediately, or only by degrees, those indispensable rights of consenting to laws which they now possess.

HENRY HALLAM, Middle Ages. 370.

† Altered to this from "xx."